This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. This Article argues that the failure to adopt a specific mechanism as to how international law can be effectuated within the internal legal system provides ample leeway for an application of the Constitution which may challenge Afghanistan's commitment to abide by its international obligations.
Linking the International Legal Framework to Building the Formal Foundations of a "State at Risk",
39 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol39/iss3/3